Yes, you could file a claim for a near-drowning accident, especially if the incident resulted from someone else’s negligence or if there was a hazardous condition that contributed to the incident. A drowning accident attorney can determine if you have a valid claim and guide you through the legal process.
At Vaughan & Vaughan, we understand that you may have doubts about initiating a claim after an accident. Our drowning accident lawyers in Indianapolis will give you all the information you need so you can make an informed decision about your case. We have been in business for 110 years, advocating for clients like you. Call us today for a free legal consultation.
Gather Evidence to Support Your Near-Drowning Accident
To have a successful claim, you need clear and convincing evidence to back it up. As soon as you are able to, document the accident scene. The fresh evidence found at the scene can prove invaluable in strengthening your position in the legal process.
Evidence that can strengthen your near-drowning accident includes:
- Eyewitness accounts
- Photographs or videos of the scene
- Medical records
- Rescue or incident reports
- Warning signs or lack thereof
- Safety measures in place
- Property maintenance records
Your Indiana premises liability lawyer will help you gather all the relevant documents and other types of evidence to add to your file. They will review these and use the information they provide to support your account of the accident.
Your Case Will Get
The Attention It Deserves
Identify the Liable Party
Determining the responsible party is essential for holding them legally accountable. If negligence or a failure to uphold a duty of care contributed to the drowning incident, the liable party may be held responsible for the resulting damages. However, identifying who is responsible can be difficult without the help of an Indiana personal injury lawyer.
When dealing with a public facility, such as a swimming pool, beach, or recreational area, it’s essential to determine if the facility has adequate safety measures in place, such as lifeguards, warning signs, or barriers. Negligence on the part of the facility in maintaining a safe environment could strengthen your case. Our lawyers will help you file a claim for a public pool incident.
If you want to file a claim for a private pool incident, such as a residence or a venue hosting an event, liability may rest with the property owner. They are generally responsible for ensuring that their premises are reasonably safe for visitors. Your attorney can assess the property owner’s duty of care and whether their negligence contributed to the near-drowning incident.
How to Prove Negligence in a Near-Drowning Accident
Negligence is a legal concept that refers to the failure of an individual or entity to exercise the level of care and attention that a reasonably prudent person or organization would under similar circumstances. It is a fundamental principle in personal injury law, encompassing a breach of duty of care that results in harm or damage to another party.
To establish negligence in a near-drowning accident, your attorney will try to prove the following key elements:
- Duty of care: Establish that the defendant owed a duty of care to the victim. In the context of a near-drowning accident, this could involve demonstrating that the property owner, lifeguard, or another responsible party had a duty to provide a safe environment.
- Breach of duty: Show that the defendant breached their duty of care through negligent actions or failure to take reasonable precautions. This might include inadequate supervision, lack of warning signs, or failure to maintain safety equipment.
- Causation: Establish a direct link between the defendant’s breach of duty and the near-drowning incident. Demonstrate that the negligent actions or omissions were a substantial factor in causing the harm.
- Damages: Prove that the victim suffered measurable damages as a result of the near-drowning accident. This could include medical expenses, rehabilitation costs, lost wages, pain and suffering, and any other relevant losses.
An attorney from Vaughan & Vaughan will investigate the incident, gathering evidence to demonstrate that a duty of care existed between the responsible party and the victim. This could involve establishing the obligations of property owners, lifeguards, or other relevant entities to ensure a safe environment.
A Drowning Accident Lawyer Can Negotiate With the Insurance Company
If the near-drowning incident occurred in a public or private facility, you may need to file a claim with the property owner’s insurance company. Contact the property owner or management as soon as possible to report the incident and gather information about their insurance coverage.
The primary objective of insurance companies is to maximize profitability by collecting premiums while minimizing the amount paid out in claims. To achieve this, insurers often employ various tactics. They may scrutinize the details of an incident, looking for any potential grounds to deny coverage or diminish the claim’s validity.
To protect your right to fair compensation, hire an experienced drowning accident lawyer from our team. We are familiar with the tactics used by claim adjusters to devalue your claim and know how to counter these strategies. If adjusters refuse to settle on a reasonable amount, we are willing to take your case to court.
You Have a Limited Time to File a Drowning Accident Lawsuit
The statute of limitations determines how much time you have to file a lawsuit against the defendant. This timeframe varies depending on the nature of the claim and the jurisdiction in which the case is being pursued.
For example, in Indiana, most personal injury lawsuits must be filed within two years. However, certain factors could influence this time window. To learn the statute of limitations that applies to your case, consult a drowning accident lawyer.
Failing to file a lawsuit within the prescribed time frame can result in the case being dismissed, regardless of its merits. The sooner you hire an attorney, the more time they will have to work on the case before submitting it.
Our Lawyers Can Help You File a Claim for a Near-Drowning Accident
If you or a loved one has experienced a near-drowning accident, Vaughan & Vaughan can help you navigate the legal process. Near-drowning incidents can lead to severe physical and emotional consequences, often requiring extensive medical treatment and long-term care.
Our legal professionals understand the complexities of such cases and will advocate for your rights. Whether the incident occurred in a public pool, private property, or another setting, our lawyers will assess liability and pursue claims against responsible parties. Contact us today to share your experience.
